The Application Of Expectant Possibility Theory In Chinese Judiciary

The expectant possibility theory has existed more than 100 years.Through a lot of development and improvement of many countries,it has its own unique system in the field of criminal law in reducing the liability of the perpetrator.In China,It is not clear that the theory of expectant possibility can be applied in justice.It is just an introduction to the theory of expectant possibility,and produced a controversy within the academic context.Because this theory has its unique value,And corresponds to China’s social and legal system,it should be applied in Chinese justice.The theory of expectant possibility has two modes.One of it is the responsibility to avoid the possibility of expectation.The other is mitigating liability arising from the weakening of the anticipated possibility.When exploring the application of the theory in China,based on the analysis of a type of case,the application of the theory can be more directly supported in China.The battered woman who killed her husband is the type of case when the expectant possibility weaken,should reduce the responsibility of the perpetrator.By collecting a set of information on such cases,and based on the statistics and analysis of the reasons and results,we can get the application of the theory of expectant possibility in Chinese judicial practice.In this way,we can take into account the complexity of specific cases in the judicial process,also take into account the applicability of this theory in China’s judicial practice.Of course,applying the abroad theory of law in China’s Justice,it should be appropriately adjusted According to the specific conditions of China in twenty-first Century.For example,in the application,such a theory applicable to particular cases,should be applied beyond law.Specifically speaking,it is possible to apply the guiding significance system to determine the possibility of expectation in China.Then developing to next level according to the practical application of the theory.Although analyzing the application about diminished expectations based on the cases which the battered woman who killed her husband,the application of expectation is not confined to only this type of case.In other cases that defendant fell into the choice,the theory of expectant possibility should be applied,and the crime should bear the responsibility for relief to the battered woman who killed her husband case as measured by reference to the specific.The reasoning process of probation for the battered woman who killed her husband can also be applied to other cases that meet these conditions.Based on the analyses about diminished expectations on cases that the battered woman who killed her husband,it is hoped that from this kind of case,other cases that should apply the theory of expectant possibility can also apply this theory,Including two kinds of situations,such as the lack of expectation and the weakening of expectation.Then applying this theory to complete the trial activities,to pursue the value of legal justice,and respond to citizen’s expectation of law.